Skip to main content

Reply to this post | Go Back
View Post [edit]

Poster: guyzilla Date: Jul 16, 2009 10:25pm
Forum: feature_films Subject: Just Checking...

I'm in the middle of converting another group of movies and trailers to upload and though I've checked with USCO as thoroughly as I can, I just want to make sure these movies are safe to upload. Here's the list:


So that's what I'll have for you in a few days. I've checked on all of them but I just like to make sure. Hope for some feedback soon.

This post was modified by guyzilla on 2009-07-17 05:25:45

Reply to this post
Reply [edit]

Poster: Fireball Steve Zodiac Date: Jul 17, 2009 8:48pm
Forum: feature_films Subject: Re: Just Checking...

forgive me for getting pulled in. When I was growing up I had the pleasure of working in the A/V sqauds at schools I attended. In 4th grade I was taught to setup and run the school projectors because I ahd expressed an interest. Later in high school we had the student film catalogs from about 30 countries to go through and our supervising faculty member basically said, get whatever you want our budget is about 500 times larger than we could ever spend.

As the years went on and I saw the advent of film loops and then videotape come into use I started thinking the old film libraries, both school oriented like I had exposure to, and librarties commercial TV stations might also subscribe to, were going to suffer and go obsolete. And whomever picked up those libraries would have a great thing.

Enter Mr. Prelinger and the rest of you here at IA.

My question goes to ownership of such stocks. I think if anything came from the educational world, it probably was royalty free when it was originally purchased so I imagine many of those are okay to boradcast and even go commercial with. Am I looney thinking that way?

Then there are the commercial libraries that TV stations use to have to go to, I am not very familiar with them but indies had syndicated shows they could acquire on a permanent basis. If another party acquires those "films" what's the status of the license there? Not ttransferable as probably was pre-agreed?

How about promotional records from record comapnies stamped for promo use only?

And what about out of print items?

And last, a friend of the family had their own film vault, air conditioned and each film in its own set of cans. We set up an old B&H 16 mm projector to watch a Cary Grant film. I couldn't tell you where the film came from but have to believe it was a commercial, over the counter purchase. Could it have been an original print and how to know such? And what rights does one have with an original print?

Thanks for bringing me up to speed.

Any chance we might see Mark of the Devil? Complete with it's barf bag came with each theatre ticket trailer?

Reply to this post
Reply [edit]

Poster: Video-Cellar Date: Jul 18, 2009 12:29am
Forum: feature_films Subject: Re: Just Checking...

I am not an expert on education films. I do know about the studio pictures. I'll try to answer some of your questions.

In terms of ownership of prints. Essentially, copyright extends only to intellectual property contained in a film print. The film print as a physical object is not protected by copyright, which rests only in the images and sounds (and underlying literary, artistic or musical content) contained on the film print. The physical film print is a form of property, which in law is called "chattel".

In the days before video, film prints were widely available from companies like "Castle Films", "Blackhawk Films", "Janus Films", "JEF Films", etc. These companies handled a catalogue of studio and independent pictures, copyright and public domain films on 8mm and 16mm formats. These films were available for sale from some libraries and rental from others.

Cinema release (35mm, 70mm etc) prints were rarely made available to the general public. It is all but impossible to establish title on a release print. Anyone who receieved a print (cinema owner, star of the film) usually had some restrictions or limited title on their use of the film.

There was also a vibrant film bootlegging industry around. Because of this it is difficult to establish legality of any copy unless its source is clearly established. "Blackhawk" and "Castle Films" prints often have unique title cards which aid in establishing thier authenticity. See below attachment for an example.

Only prints of movies which are in the public domain can be exploited commercially in the sense of releasing it on video, showing it on TV or to a paying audience. However, any film print were clear legal title can be established is free to be resold or traded. But in selling it, like reselling a dvd or video, no intellectual property rights are included or transferred.

Promotional videos and records and sometimes close-out/deleted/damaged stock have often been distributed without a royalty being paid. In some jurisdictions there is no right of resale on items reported as promotional, damaged or discarded stock. Resale, in some cases, is considered to be as serious as sale of stolen goods.

Attachment: Blackhawk_1.jpg

Reply to this post
Reply [edit]

Poster: jonc Date: Jul 18, 2009 11:23am
Forum: feature_films Subject: Re: Just Checking...

Video-Cellar, what do you think of this?

Reply to this post
Reply [edit]

Poster: Moongleam Date: Jul 17, 2009 7:05am
Forum: feature_films Subject: Re: Just Checking...

Read this:
It tells you to check the Library of Congress Copyright Database for copyright renewals if the film was made between 1950 and 1963. If the film wasn't made during that time, checking the database may prove nothing.

Reply to this post
Reply [edit]

Poster: phlogiston13 Date: Jul 16, 2009 11:43pm
Forum: feature_films Subject: Re: Just Checking...

yes please. fabulous stuff.

Reply to this post
Reply [edit]

Poster: Video-Cellar Date: Jul 17, 2009 7:18am
Forum: feature_films Subject: Re: Just Checking...

Only a couple of these movies are PD:
HOUSE OF MYSTERY 1934 PD - Published with faulty notice Reg'd LP4686 but never renewed.
BEAST OF BORNEO 1934 PD - No renewal.

The rest are still under copyright for various reasons:
BRING ME THE VAMPIRE 1963 - GATT/URAA Restored Copyright
SCHLOCK 1971 - Contains a valid Copyright Notice, so it doesn't have to registered with USCO to be protected.
CARRY ON SCREAMING 1966 - Contains a valid Copyright Notice, so it doesn't have to registered with USCO to be protected.
BEASTS 1983 - Under Canadian copyright law notices are optional This film was reg'd with the USCO in 1983 PAu000572853 and is protected under US law.
KINGDOM OF THE SPIDERS 1977 - The movie, script, score and tie-in novel are all seperately reg'd with the USCO
THE LORELEY'S GRASP 1972 - GATT/URAA restored copyright
TERROR IN THE SWAMP 1984 - Contains notice, no registration needed for copyright protection.
SHRIEK OF THE MUTILATED 1974 - Contains copyright notice
THE FOLDS OF THE FLESH 1970 - GATT/URAA restored copyright
TOXIC ZOMBIES 1980 - Reg'd 1979 (PA0000067381) under original title "Bloodeaters"
THE VELVET VAMPIRE 1971 - Contains notice, so it doesn't have to be reg'd with USCO

The USCO online database only shows records from 1978 onwards. Regsitration records for films 1894-1969, and renewal records for the books and plays which they are based on, are available from the texts section of the Archive. Copyright renewals for films 1894-1977 are harder to come by. The copyright office rarely included films in their published renewals lists. There are some other books that contain info on renewals for films before 1978. "The Film Superlist" series is a good place to start.

Generally, if a film contains a valid copyright notice, which must contain "copyright" or the copyright symbol (c in a circle) but not "(c)", the date of publication (can't be more than one year after publication date) and owners name prominently displayed in a manner which does not cause confusion, it is probably under copyright. Only films made pre 1923 or 1923-1963 inclusive which have not been renewed, or movies released without a notice pre 1989, are protentially public domain. Most foreign films which were not protected by US law had their copyrights restored in 1996. There are a few exceptions, so a great deal of research has to be done to determine the copyright status of these films.

There is an easy to follow copyright chart attached to this post. It's also available here

This post was modified by Video-Cellar on 2009-07-17 14:15:26

This post was modified by Video-Cellar on 2009-07-17 14:18:02

Attachment: copyrightterm.pdf

Reply to this post
Reply [edit]

Poster: guyzilla Date: Jul 17, 2009 11:00am
Forum: feature_films Subject: Re: Just Checking...

OK, that pretty well whittles it down some. That's alright though because I have a lot more vhs to transfer over to dvd, so I'll start with the ones Video Cellar says are safe and bring you another list later. Thanks, folks, you were all very helpfull. BTW, the list I put up was just a small portion of the group of movies that I went through this go-round, so at least I was able cull quite a bit out myself. Thanks again

This post was modified by guyzilla on 2009-07-17 18:00:42

Reply to this post
Reply [edit]

Poster: Fireball Steve Zodiac Date: Jul 17, 2009 9:04pm
Forum: feature_films Subject: Anyone ever see this ?

When I was kid in the 60s I went to movies like Frankie Avalon in Fireball 500, and My Side of the Mountain (I get such a laugh when they mention it in Mystery Science Theatre), and those Disney movies before Herbie and including Herbie.

I went to a flick one morning that I don't know the name to. It was something like Kids from Planet Q. Planet Q was in the title. And it had a scene in it very similar to the floating scene in the center square in Logan's Run. All the kids were floating up in a huge circle up into the center space of this large room or whatever it was. I have searched IMDB and Robert's Hard to Find videos and a few other places, nothing comes up.